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Category: Lawsuits

Who Is Responsible for Injuries Caused By Nature?

On Behalf of Fiol Law Group|Posted in Lawsuits on July 20, 2019

Human error is the main cause of serious accidents, injuries and deaths in Florida each year. Yet, as thousands have experienced, Mother Nature can also cause significant damage. When a natural event or disaster causes personal injuries, it can be more difficult to obtain financial recovery for damages. A few legal options may be available to you, however, depending on the situation. Seek Benefits From an Insurance Provider The best way to ensure coverage for injuries caused by nature is by purchasing adequate insurance in Florida. Comprehensive vehicle and homeowner’s insurance can cover damages that stem from acts of God. Acts of God refer to events that no person could reasonably have predicted or prevented. Comprehensive insurance plans may cover the costs of property repairs and medical bills for injuries after many different events. Hurricanes Tornadoes Tropical storms Floods Severe rain or wind Lightning Hail Fires Sinkholes You will not… read more

18 Crazy Laws in Florida

On Behalf of Fiol Law Group|Posted in Lawsuits on November 8, 2018

Laws exist to help protect citizens and keep everyone’s rights safe. However, not all laws make complete sense, and every state has a few statutes on the books that are puzzling or simply outdated. Florida is no exception; numerous laws don’t quite make sense anymore. Here are some examples of some of the strangest Florida laws. 1. Parking Fines for Elephants Parking fines can be a hassle, but standard parking fees apply to any elephants tied to parking meters in Sarasota. 2. Swamp Buggies No Longer Motor Vehicles While swamp buggies are a popular form of transport in Florida, a law once revised the definition of motor vehicle to exclude them, derogating this mode of transportation. 3. Strapless Dress Regulations Under law, men cannot wear strapless dresses in public. However, the law does not regulate other types of dresses. 4. Doctors Inquiring About Patient Gun Ownership A previous law once… read more

Florida Defamation and Slander Laws

On Behalf of Fiol Law Group|Posted in Lawsuits on November 2, 2018

While not causing physical injuries, defamation and slander against an individual can still wreak havoc on someone’s life. A victim of defamation may lose his or her job, have trouble finding work, or suffer psychological stress from false claims. Those who suffer from these actions can potentially recover financial compensation in Florida. The state’s statutes have many laws related to defamation and slander. What Constitutes Defamation and Slander in Florida? Defamation of character under Florida law consists of four major elements: The publication of a false statement by the defendant The false statement was about the plaintiff The defendant published the false statement to a third party The statement caused injury or damage to the plaintiff An action must meet all four of these requirements to be an act of slander or defamation, and missing any of these elements will disqualify the act as grounds for a lawsuit. For example,… read more

The Difference Between Civil and Criminal Cases

On Behalf of Fiol Law Group|Posted in Lawsuits on October 30, 2018

Though TV and movies often conflate civil and criminal cases, from a legal perspective, they are very distinct from each other. Criminal cases seek justice for wrongs committed by an individual and generally involve prosecution from the state or federal court. Civil cases, by contrast, generally exist between two or more private parties and seek financial recourse for wrong-doing or negligence. Learn the differences between civil and criminal cases, as well as when these two might overlap. What Is a Criminal Case? A criminal case might exist when a state brings an action against an individual for violating a law outlined in the Florida Penal Code. Crimes, unlike civil cases, are offenses against society as a whole or at against the state of Florida. In other words, even though a person may assault another person, the law considers it a crime against everyone living in the state. As such, a… read more

Are Parents Liable for an Injury Their Child Causes in Florida?

On Behalf of Fiol Law Group|Posted in Lawsuits on October 23, 2018

Children make mistakes – it’s a natural part of growing up, learning, and evolving into adulthood. What happens when a child’s actions lead to another’s injury? Can a parent be proximally responsible for the actions of their children? In many situations, the answer is yes. To understand the role of a parent in a child’s negligence and when legal guardians may be responsible for damages the child incurs, talk with one of our attorneys. Parental Responsibility Laws Nearly every state in the U.S. has a parental responsibility statute on the books, and Florida is no exception. Parental responsibility laws make parents or legal guardians responsible for damages or injuries that their child causes to another. Generally, these laws only extend to intentional or malicious actions on the part of the child, but, in some cases, they may extend to accidental conduct, as well. Florida has specific requirements for parental responsibility…. read more

What Is a Settlement Mill?

On Behalf of Fiol Law Group|Posted in Lawsuits on September 21, 2018

When you’re looking for a personal injury attorney, you should always search to find the best fit for your case. While looking over different firms, there’s a chance you’ll come across a “settlement mill.” These firms tend to spend a lot on advertising and often appear to have high success rates. However, this is because they focus on volume and speed rather than getting the best results for their clients. How Does a Settlement Mill Work? A settlement mill operates by taking on cases with the intention of resolving them before heading to court. As the name suggests, they instead aim to resolve claims in the settlement stage, by reaching an agreement with the opposing party’s insurance company. A settlement mill will also often pressure clients into accepting low-ball compensation amounts and charge higher contingency fees if a client wants to take the case to court. A settlement mill may… read more

What Is Pro Se Litigation? How Do I Represent Myself in Florida?

On Behalf of Fiol Law Group|Posted in Lawsuits on September 19, 2018

All Florida citizens who enter the courtroom have a right to representation when facing a legal issue, but not all cases may necessitate the help of an attorney. Just as people have a right to representation, they also have the right to represent their own cases in court. Representing yourself in court is called pro se litigation. When you conduct pro se litigation and fight your own legal battle, you are taking on all aspects of your case. This involves filing the correct documents, meeting deadlines, negotiating with other parties, and serving as your representative in court. How Do I Represent Myself in Florida? When you decide to go with pro se litigation, you should first research the laws relevant to your case. This can include state statutes and legal precedents established by case law. Any substantive law related to your case will serve as the backbone of your arguments… read more

Timeline of a Lawsuit in Florida

On Behalf of Fiol Law Group|Posted in Lawsuits on August 4, 2018

Going through the process of a lawsuit is not something you want to do on your own. It can be a daunting procedure that may be time consuming and unexpected issues can arise, whether you are suing someone, being sued, or being called as a witness. Our experienced team of attorneys are available to explain and walk you through these steps: Pre-litigation Negotiation Before litigation begins, an attorney will write on behalf of the Plaintiff (person or business bringing the lawsuit) to the Defendant (the person or business being sued) demanding settlement. If an agreement is made, then no further steps need to be taken. This process takes around a month or less. Pleadings The Complaint An attorney will prepare this legal document which sets out the claims and injuries the Plaintiff has against the Defendant. Typical preparation time is about two weeks. The Answer The Defendant typically has around… read more

Who is at fault when a self driving car kills?

On Behalf of Fiol Law Group|Posted in Car Accidents,Lawsuits on August 3, 2018

Who takes the fall for a self driving car that’s involved in an accident and kills someone? The blame has to land somewhere. Is it the operator, the owner, the manufacturer, a little of each? The debate is ongoing and the answer is still unclear. The First Incident Unfortunately, this issue reared its ugly head when the first death from an autonomous vehicle on a public road occurred in March of this year. 49-year-old Elaine Herzberg was crossing a street in Tempe, Arizona on the night of March 18 when she was suddenly struck. Herzberg was walking with a bike outside of a crosswalk. The vehicle, which was owned by Uber, had an operator in the car. The vehicle did not slow down and was traveling at almost 40 miles per hour. Police did not suspect the operator of being impaired. Immediately following the terrible event, Uber put a hold… read more

The Basics of Contingency Fee Agreements

On Behalf of Fiol Law Group|Posted in Lawsuits on June 13, 2018

A lawsuit is the best method an injured person has of recovering compensation for damages after an accident caused by another party’s negligence. However, legal representation generally isn’t cheap, and many plaintiffs cannot afford legal representation out of pocket. For this reason, many personal injury attorneys offer billing based on contingency agreements. What Is a Contingency Agreement? At a basic level, a contingency agreement is an “if-then” agreement; if the plaintiff wins his or her case, then he or she will pay legal fees to the attorney. This means the client has very little or no upfront expenses to worry about and can quickly start building a lawsuit. This may not sound advantageous for lawyers, but the reality is that contingency agreements allow them to be more scrupulous concerning the cases they take. Attorneys who operate on contingency- fee billing typically only accept cases they are sure they can win…. read more